Section 370A IPC: Exploitation of a trafficked person

Indian Penal Code, 1860

Section 370A IPC at a Glance

Section 370A IPC deals with exploitation of a trafficked person. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 144 BNS.

Punishment

Rigorous imprisonment of not less than five years extending up to seven years for engaging a trafficked minor; not less than three years extending up to five years for engaging any trafficked person

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 144 →

Section 370A IPC Bare Act Text

370A. Exploitation of a trafficked person

(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.

(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.

Source: Section 370A, Indian Penal Code, 1860

Section 370A IPC in Simple Words

Section 370A of the Indian Penal Code (IPC) punishes the exploitation of a trafficked person. Under sub-section 1, whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner is punished with rigorous imprisonment for not less than five years extending up to seven years, and is also liable to fine.

Under sub-section 2, engaging any trafficked person for sexual exploitation with knowledge or reason to believe that the person has been trafficked carries rigorous imprisonment for not less than three years extending up to five years, and liability to fine. The offence is cognizable, non-bailable, and triable by the Court of Session.

Ingredients of Section 370A IPC

  • A person has been trafficked as defined under Section 370 IPC
  • The accused knowingly or having reason to believe that the person has been trafficked engages such person for sexual exploitation in any manner
  • Under the aggravated tier in sub-section 1, the trafficked person so engaged is a minor

Punishment Under Section 370A IPC

Imprisonment

Rigorous imprisonment of not less than five years extending up to seven years for engaging a trafficked minor; not less than three years extending up to five years for engaging any trafficked person

Fine

Liable to fine under both sub-sections

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 370A IPC punishes engaging a trafficked person for sexual exploitation. The sentence is rigorous imprisonment for five to seven years where a minor is involved, and three to five years where any other person is involved, with liability to fine in each case. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Example of Section 370A IPC

In 2021, at a resort near Madikeri, Devendra arranged with a local broker to engage fifteen-year-old Nisha, a minor, and twenty-two-year-old Kavita for sexual exploitation. Devendra knew from his conversation with the broker that both Nisha and Kavita had been abducted from Odisha and trafficked to Karnataka through force and threats. Despite knowing that both had been trafficked, Devendra engaged the minor and the adult woman for sexual exploitation at the resort. Because Devendra knowingly engaged a trafficked minor and a trafficked person for sexual exploitation, Devendra is punishable under Section 370A IPC.

When Section 370A IPC Does Not Apply

  • Section 370A IPC does not apply when the person or minor engaged had not actually been subjected to trafficking.
  • Section 370A IPC does not apply if the accused neither knew nor had any reason to believe that the person or minor had been trafficked.
  • Section 370A IPC does not apply where a trafficked person is engaged only for non-sexual work, even if other labour offences may arise.
  • Section 370A IPC does not apply when a person is hired for legitimate domestic or commercial work without any form of sexual exploitation.

Section 370A IPC in the BNS

Section 370A IPC is now covered under Section 144 BNS.

Section 370A IPC corresponds to Section 144 BNS. In sub-section 1, the term minor is replaced by child, and the maximum punishment is raised from seven years to ten years. In sub-section 2, the maximum punishment is raised from five years to seven years. The minimum sentences of five years and three years remain unchanged. Sub-section 2 also removes the typographical word by that appeared in the IPC text.

View detailed comparison (IPC 370A vs BNS 144) →

FAQs on Section 370A IPC

What does Section 370A IPC punish?▼

Section 370A IPC punishes anyone who, knowing or having reason to believe that a person or minor has been trafficked, engages that person for sexual exploitation in any manner.

What mental element is required under Section 370A IPC?▼

The section requires that the offender acted knowingly or having reason to believe that the person had been trafficked.

What is the punishment under sub-section 1 of Section 370A IPC?▼

Where a minor has been trafficked, sub-section 1 prescribes rigorous imprisonment for not less than five years extending up to seven years, and liability to fine.

What is the punishment under sub-section 2 of Section 370A IPC?▼

Where any person has been trafficked, sub-section 2 prescribes rigorous imprisonment for not less than three years extending up to five years, and liability to fine.

How does Section 370A IPC differ from Section 370 IPC?▼

Section 370 IPC punishes the acts of trafficking itself, including recruitment, transport, or receipt. Section 370A IPC punishes third parties who engage the already-trafficked person for sexual exploitation.

Is Section 370A IPC bailable?▼

No; Section 370A IPC is non-bailable under the First Schedule to the CrPC.

Is an offence under Section 370A IPC cognizable?▼

Yes; Section 370A IPC is cognizable across both sub-sections.

Which court conducts trials under Section 370A IPC?▼

Trials under Section 370A IPC are conducted exclusively by the Court of Session.

Can an offence under Section 370A IPC be compounded?▼

No; Section 370A IPC is not compoundable under Section 320 CrPC.

Which section of the Bharatiya Nyaya Sanhita corresponds to Section 370A IPC?▼

The corresponding section in the Bharatiya Nyaya Sanhita is Section 144 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·